Nightmares of the Juror
by DoctorH
Summary: A teleplay, like watching a Murdoch episode. A jury has found a murder suspect not guilty; and now one of the jurors (severely traumatized by what he saw during the trial) comes to Murdoch asking whether the real murderer can be caught and put on trial. Did Murdoch make a mistake that would have sent the wrong man to the gallows? Solution included.
1. ACT 1

"NIGHTMARES OF THE JUROR"

(PRODUCTION NOTES: In this mystery, FLYNN is depicted as having rosacea, a reddish mark on his face. It may be that the reddish mark resembles something familiar, like Hudson's Bay or the head of an elephant, to make it more distinctive. Alternatively, FLYNN may have any rare but not exceptionally uncommon condition around his head other than rosacea, such as a malformed ear or a sizable gap in his front teeth.)

ACT I

(FADE IN. EXTERIOR SHOT OF STATION HOUSE NUMBER 4. CUT TO: INTERIOR OF STATION HOUSE NUMBER 4, MURDOCH'S OFFICE. The door to the office is closed. MURDOCH is reading a report of some kind and is making some notes. CRABTREE approaches the office and knocks. MURDOCH waves to indicate CRABTREE should enter. CRABTREE opens the door but does not enter.)

CRABTREE  
Sir, are you available to speak to a Mister Albert Milton, sir?

MURDOCH (does not recognize the name)  
What is the nature of Mister Milton's business with me?

CRABTREE  
He wouldn't say, sir. All he said was that he wanted to speak to you personally about a matter that you are investigating, but he did not say which matter.

MURDOCH  
All right. Show him to my office, would you?

CRABTREE  
Yes, sir.

(CRABTREE departs, leaving the office door open. MURDOCH marks his place in the report where he left off. Moments later, CRABTREE returns with MILTON, a modestly dressed man who seems to be in his late thirties. MURDOCH rises. CRABTREE gestures for MILTON to enter the office, and MILTON does so. MURDOCH offers his hand.)

MURDOCH  
Mister Milton. I'm Detective William Murdoch.

MILTON  
Albert Milton.

(MURDOCH and MILTON shake hands.)

MURDOCH  
(to MILTON) Won't you have a seat? (to CRABTREE) Thank you, George. Close the door, would you?

(CRABTREE leaves and closes the door to the office.)

MURDOCH  
Now, Mister Milton: I was told you wished to speak to me about a matter that I am investigating?

MILTON  
I don't know whether you remember me.

MURDOCH (looking carefully at MILTON)  
No. I don't believe I do.

MILTON  
Last month. The Robertson trial.

MURDOCH  
I remember the trial, and I remember Mister Robertson, and I remember the case against him. (hazarding a guess) Were you a witness at that trial?

MILTON  
No, sir. I was on the jury.

MURDOCH  
Oh.

MILTON  
We all voted "not guilty," sir.

MURDOCH (uncomfortably)  
Yes, I know. Mister Robertson was set free.

MILTON  
Yes, we voted not guilty because we thought somebody else may have shot—

(MILTON stops. He is visibly shaken. MURDOCH does not know what to make of this. Eventually, MILTON gathers himself enough to continue.)

MILTON  
— Shot and killed Mrs. Robertson, the wife. And I just want to know: Have you made any progress toward arresting the man who actually did it?

MURDOCH  
We should not be discussing this. I am no longer investigating this case. The case is concluded.

MILTON  
Is it? The man Flynn, the man who— who they said did it; can't he be arrested and put on trial?

(MURDOCH sees that MILTON is in serious distress and he does not want to make the situation worse.)

MURDOCH  
Mister Milton, we should not be discussing this case.

MILTON (on the verge of breaking down)  
Detective, since I served on that jury, I have not had a single good night's sleep. The crime, the things that were done, the monstrous things—

MURDOCH  
Yes, monstrous.

MILTON  
Those photographs. Those photographs of the wife. What was done to her. The blood! The— the evil! I used to see those photographs in my dreams. But now I see them while I'm awake! I need to know that you are going to catch the man that did those things! I need to know that you going to catch Flynn!

MURDOCH (delicately)  
Mister Milton: I believe that those horrible things done to Mrs. Robertson were carried out by her husband, Mister Robertson.

MILTON  
No! They said it was Flynn!

MURDOCH (continuing, still delicately)  
And I believe that there was no Mister Flynn; that Mister Robertson invented him to blame him for the crime; that Mister Flynn did not really exist.

MILTON  
He does exist! I found him! I know I shouldn't have, but I decided to do some detective work of my own, and I found him! You need to arrest him! You need to put him on trial for killing the wife! I think—

(MILTON stops in mid-sentence, still looking like he might have a breakdown. MURDOCH is sympathetic but does not know what to do.)

MURDOCH  
Yes?

MILTON  
I think— I think the photographs of the wife will haunt me to the end of my days if the guilty man is allowed to go free. I can't—

(MILTON buries his face in his hands, and his body shakes. It is not clear whether MILTON is crying or nervously shaking. CUT TO: CONSTABLES' AREA, where CRABTREE sees MILTON in distress in Murdoch's office, and sees MURDOCH coming around his desk to render aid. CRABTREE goes to the office door and opens it. CUT TO: MURDOCH'S OFFICE. CRABTREE pokes in his head.)

CRABTREE  
Sir, do you need any assistance?

MURDOCH  
Yes. Would you please see whether Doctor Ogden can come to my office?

CRABTREE  
Yes, sir.

(CRABTREE exits.)

MURDOCH (delicately, trying to pacify)  
Mister Milton, I am going to ask a doctor to speak with you, to make certain you are all right. (pause) And I will have another look at the Robertson case. I do not guarantee I will make any arrests of put anyone on trial; but if you tell me what you know about Mister Flynn, and where to find him, I will question him.

(MILTON continues to shake, but he nods that he understands. MURDOCH pats MILTON on the shoulder. FADE OUT.)


	2. ACT 2

ACT II

(FADE IN. EXTERIOR SHOT OF STATION HOUSE NUMBER 4. CUT TO: INTERIOR OF STATION HOUSE NUMBER 4, BRACKENREID'S OFFICE. BRACKENREID is sitting behind his desk. MURDOCH stands. The door to the office is closed.)

BRACKENREID  
You what?

MURDOCH  
I promised him that I would have another look at the Robertson case and check out the lead that he gave us.

BRACKENREID  
But the case is closed, Murdoch. Robertson shot his wife. You know it and I know it. He was the only suspect. The jury that your man sat on, those mutton-heads let Robertson go, and there's nothing we can do about it!

MURDOCH (awkwardly)  
I made a promise to Mister Milton—

BRACKENREID  
You made a promise, to an obvious lunatic? Well, there's no reason you need to waste any time on following that so-called "lead," is there? Just tell Milton that you checked and there was no basis for any further investigation.

MURDOCH  
Mister Milton may be a bit irrational, as you suggest, sir, but I did not see overt lunacy in what he said. And I did make a promise to him and I would like to carry it out. I would prefer not to lie to him.

BRACKENREID  
It's a fool's errand; a waste of police resources.

MURDOCH  
That may be so.

BRACKENREID (softening, suddenly somber)  
Any chance this Milton might not be a lunatic? Any chance he might know what he's talking about? Any chance he's found this Flynn that we couldn't find?

MURDOCH  
I have my doubts. We have no evidence that anyone was present at the scene of the crime, other than Mister Robertson and Mrs. Robertson. The evidence we had was that Mister Robertson went to visit his estranged wife on the evening of February seventeen. We know that Mrs. Robertson was shot multiple times with a shotgun, and that the shotgun belonged to her husband. We know that Mister Robertson somehow received an injury to his head—

BRACKENREID (recalling the details)  
Said his wife threw a candlestick at him.

MURDOCH  
Yes. And hit him in the temple. Mister Robertson claimed he had no memory after that. He had no memory of shooting his wife. When questioned, he flatly denied that there was anyone else involved. He never mentioned anyone named Flynn.

BRACKENREID  
Until shortly before his trial.

MURDOCH  
Yes. He blamed his inability to recall upon his head injury. Even so, I investigated whether there might actually be a man named Flynn who might have been there or who might have been involved in some way. According to Mister Robertson, this man Flynn had a distinct reddish-stain birthmark on his forehead. I must have questioned fifty or sixty members of various Flynn families, asking about any man with such a birthmark. I found nothing.

BRACKENREID  
Because Flynn never existed. He was a figment of Robertson's imagination.

MURDOCH  
Yes. That is what I concluded back then. That is what I testified to.

BRACKENREID  
And this jury that your boy Milton was a part of, they decided you might be wrong. Somehow, they got it into their heads that, hey, (mocking) maybe there IS a Flynn who shot this lady! Maybe he's a murderer with no known motive, who leaves no footprints and no finger marks, and who borrows estranged husbands' shotguns to kill their estranged wives!

MURDOCH  
As you recall, I was just as surprised by that verdict as you were.

BRACKENREID  
This Milton gave you an address of somebody named Flynn.

MURDOCH  
He did, yes.

BRACKENREID  
There's no chance this Flynn, whoever he is, could be guilty. You know that.

MURDOCH  
Very likely, sir. I suspect this will be, as you say, a fool's errand.

BRACKENREID (uncomfortably, with a sigh)  
And Murdoch: if it DOESN'T turn out to be a fool's errand, if this Flynn fellow actually has that red birthmark and actually DID have something to do with the Robertson case—

MURDOCH  
Yes?

BRACKENREID (with grit teeth)  
He's a free man. Even if he comes out and makes a full confession to you, you can't arrest him. There's no way we could put him on trial.

MURDOCH (not sure he understands)  
Are you saying that, if it appears this Flynn DID have something to do with Mrs. Robertson's death, he is not to be arrested or charged?

BRACKENREID  
That is exactly what I'm saying.

MURDOCH  
But— assuming hypothetically this Flynn IS the murderer— are we consciously to let a murderer go free?

(BRACKENREID thinks MURDOCH is slow on the uptake. BRACKENREID tries a different approach.)

BRACKENREID  
All right, Murdoch. Let's suppose, just for the sake of argument, that Flynn IS the one who shot Mrs. Robertson. And let's suppose he gives you evidence of his guilt. And let's suppose you decide to arrest him for the murder of Mrs. Robertson. Now. If we want to have Flynn punished to the full extent of the law, there's going to have to be a trial— isn't there? — and a formal finding of guilt. And if there's a trial, what will Flynn's defence be? Even if his lawyer is a complete idiot, what will Flynn's defence be?

MURDOCH  
He might—

BRACKENREID (interrupting)  
His defence WILL be that that the Toronto Constabulary already caught the man they were certain was responsible, and put him on trial! The Toronto Constabulary previously took the position that SOMEONE ELSE, beyond all reasonable doubt, killed Mrs. Robertson! And now the Toronto Constabulary is singing an entirely different tune, saying that FLYNN, beyond all reasonable doubt, killed Mrs. Robertson!

MURDOCH  
But if we made a mistake—

BRACKENREID  
We cannot admit it! If Flynn went on trial, how could we explain ourselves? How can we say that we were so CERTAIN that the husband was responsible, and then later say that we are equally CERTAIN that this Flynn is really responsible? If we prosecuted the wrong man once, couldn't we be prosecuting the wrong man again?

MURDOCH  
I see your point, sir. The case against Mister Flynn would be a difficult one to maintain.

BRACKENREID  
It's not just the case against Flynn that would give us trouble; it's the case against EVERY other criminal we try to bring to justice! Every defence will argue that we admitted we prosecuted the wrong man once, and so we cannot possibly be trusted to prosecute the right man NOW.

MURDOCH (troubled)  
Uh.

BRACKENREID  
And your own credibility, Murdoch, would be in tatters. You get up on the witness stand and admit under oath that you made mistakes that nearly sent an innocent man to the gallows, and that testimony will be used against you in EVERY case from here on in. Your career as a detective would be FINISHED!

MURDOCH (troubled)  
I—

BRACKENREID (pressing)  
Wouldn't it!?

MURDOCH (reluctantly)  
Perhaps so.

BRACKENREID (nodding)  
You can question this Flynn if you want to. But I just wanted to be clear about what action you can take.

MURDOCH  
I understand, sir.

(CUT TO: MURDOCH'S OFFICE. MURDOCH is gathering some papers when OGDEN approaches. MURDOCH smiles and beckons her in.)

MURDOCH  
Julia!

(OGDEN closes the office door. MURDOCH gestures for OGDEN to sit, and OGDEN does. Then MURDOCH sits.)

OGDEN  
I spoke to Mister Milton.

MURDOCH  
Yes?

OGDEN  
I should tell you, William, that I promised Mister Milton that anything he said to me would be held in confidence. Mister Milton expressly gave his consent to me, in writing, that I would be allowed to share what he told me with you. He said, and I quote: "Go ahead and tell the Detective everything, so he won't keep thinking that I'm craven or touched," unquote.

MURDOCH (smiling a little)  
All right.

OGDEN  
Mister Albert Milton is thirty-five years old, widowed, no children. He operates a bookstore about three miles from here. Until the Robertson case, he had never sat upon a jury.

MURDOCH  
Mmm.

OGDEN  
The Robertson case was— at the risk of understating it— quite gruesome.

MURDOCH (nodding, remembering)  
Yes, it was.

OGDEN  
Mrs. Robertson had been repeatedly shot with a shotgun in several places on her body. Her head, her chest, her— other places. The shots resulted in some ghastly wounds and great shedding of blood.

MURDOCH  
Yes. It was a horrible scene.

OGDEN  
The scene of the crime was photographed. Some photographs were also taken during the autopsy, to show key findings. As a juror on the case, Mister Milton was obligated to view those disturbing photographs. (with difficulty) He— he— his personality was affected by what he saw. He has not been the same since. And hearing the details of the crime merely made his anguish even worse.

MURDOCH  
It was a shocking crime.

OGDEN  
He says he sees these images almost all the time, while dreaming and even while awake. He says he re-lives the events of the crime, as though he were actually present himself. And most bothersome is that his ability to exist as a bookstore operator is adversely affected, as is his ability to exist as a human being. He cannot sleep well, or concentrate on his work. He finds himself frightened or emotionally compromised by the smallest things. His hands shake at times, uncontrollably. Sometimes, his entire body shakes.

MURDOCH (sympathetic)  
I understand. He saw things no person should ever have to see.

OGDEN  
The closest comparison that I can relate is that his situation is similar to that of some soldiers in war, in which they'd been stressed so severely, and seen some extraordinarily gruesome things. Some of them lose their ability to be soldiers, and they begin behaving erratically. Some commanding officers think behaviour like this is indicative of cowardice, but it isn't.

MURDOCH  
I see. Perhaps Mister Milton could talk to some soldiers who have been similarly affected. They might be understanding. They might be able to help him.

OGDEN  
I do not think so. I've worked with several soldiers, William, and I do not think they would exhibit understanding toward a man whose condition arose from jury duty, rather than from actual experience on a battlefield.

MURDOCH  
There must be someone who can help him.

OGDEN  
Mister Milton is trying to help himself, and I feel he is making a valiant effort. He feels that he can better handle the horror if he is helping bring the person responsible for that horror to justice.

MURDOCH (uncomfortably)  
I sincerely hope that he will be able to find his personal peace, regardless of what happens.

OGDEN  
He says that he gave you the name of a witness, who you hadn't found before?

MURDOCH  
Yes.

OGDEN  
He says that he checked dozens of men named Flynn, and found this one to match the description given at trial. Mister Milton says he is confident that this Mister Flynn knows something.

(MURDOCH fishes a note from a pocket with a name an address on it.)

MURDOCH (indicating the note)  
I will be going to pay a visit to Mister Donald Flynn later today. But I make no promises as to how I'll proceed after that.

OGDEN  
Mister Milton asks only, after you have talked to this Flynn, that you contact Mister Milton and let him know how things went. He said that he will accept your assessment, whatever it is; and he will have the satisfaction that at least he tried to do what was right.

MURDOCH  
I will call Mister Milton after I return.

(CUT TO: EXTERIOR APARTMENT BUILDING on a city street. MURDOCH stands outside a door to the building. In MURDOCH's hand is a slip of paper, with a name and address. MURDOCH checks the address of the building, then enters. CUT TO: INTERIOR APARTMENT BUILDING, a hallway. Apartment doors are on each side of the hallway. MURDOCH approaches one of the doors, briefly checks to be sure that the apartment number matches what is written on the paper, and knocks on the door. A man— who will turn out to be FLYNN— opens the door just enough to see who is knocking. FLYNN has a red-wine-stain birthmark on the side of his forehead.)

FLYNN  
Yeah?

MURDOCH  
Mister Flynn?

FLYNN (mildly irritated)  
No. My name's Donald. My Christian name is Flynn. Are you looking for someone with the LAST name being Flynn?

MURDOCH (making sure he has the name right)  
Mister Flynn Donald?

FLYNN  
Yeah?

MURDOCH  
My name is William Murdoch, and I am a detective with the Toronto Constab—

(FLYNN slams the door, startling MURDOCH. After a moment, MURDOCH knocks on the door and shouts, but does not shout urgently.)

MURDOCH (shouting)  
Mister Donald, you are not in any trouble. I just have some questions for you. Mister Donald?

(The door remains closed. MURDOCH sighs and walks down the hall to the apartment building's front door. CUT TO: EXTERIOR APARTMENT BUILDING. MURDOCH exits the front door of the building, and turns to walk away from the building on the sidewalk. As MURDOCH passes an alley next to the building, he sees FLYNN climbing out a window into the alley. FLYNN sees MURDOCH, and with a look of fright, FLYNN turns and runs. MURDOCH is startled at first, but then gives chase. FLYNN is fast.)

MURDOCH (shouting)  
Mister Fl— Mister Donald! You are not in trouble! I just have a few questions!

(FLYNN reaches the end of the alley and makes a quick turn, and vanishes. MURDOCH realizes FLYNN is too fast for him and MURDOCH gives up the chase. FADE OUT.)


	3. ACT 3

ACT III

(FADE IN. EXTERIOR SHOT OF STATION HOUSE NUMBER 4. CUT TO: INTERIOR OF STATION HOUSE NUMBER 4, INTERROGATION ROOM. MILTON sits in the hot seat. MURDOCH is seated opposite; OGDEN is next to MURDOCH; BRACKENREID and CRABTREE are seated farther away.)

MILTON  
So, did you find Flynn?

MURDOCH  
Yes. His name is actually Donald.

MILTON  
Flynn is his first name.

MURDOCH  
Yes. His name is Flynn Donald.

MILTON  
That's how I found him.

MURDOCH  
Pardon me?

MILTON  
I realized that Flynn was his first name, not his last name. There are a lot fewer people having Flynn as a first name than as a last name. I'll bet when YOU were looking for the man named Flynn, you only checked people with the LAST name of Flynn.

MURDOCH (reluctantly)  
That is true.

MILTON  
So you talked to him? What did he say?

MURDOCH  
Actually, he did not say much of anything. He refused to speak to me.

MILTON  
I'll bet he ran from you when you identified yourself as a detective!

MURDOCH (surprised)  
How did you know that?

MILTON (almost gleeful)  
I didn't KNOW he would, but I THOUGHT he would. Flynn Donald is a criminal, isn't he? He would run from a police officer.

MURDOCH  
He did run from me, yes. And I checked, Mister Donald does have a record of past criminal offenses.

MILTON  
That means he IS the one! You can arrest him and put HIM on trial! You can.

MURDOCH  
Mister Milton, none of Mister Donald's past criminal offenses involve any deaths, or any firearms, or any violence of any kind. His most serious offense was theft of a horse, and that was over five years ago. His flight from me does not prove any involvement with the Robertson case, and it most certainly was not an admission of guilt.

MILTON  
He matches the description, perfectly, doesn't he? He has that (pointing to his own head) birthmark.

MURDOCH  
Mister Milton, as you know, we at the Constabulary thought that Mrs. Robertson's husband was the person responsible for the crime. We thought that the case against Mrs. Robertson's husband was rather strong.

MILTON  
Yes, it was. But—

MURDOCH  
But what?

MILTON  
Am— am I allowed to talk with you about the case, about the deliberations we made as a jury?

BRACKENREID  
As a general rule, sir, we in the Constabulary do not ask jurors about their deliberations in criminal cases.

MILTON  
Oh?

BRACKENREID  
But you're a free man. You're entitled to tell us anything you wish to tell us. If you don't want to tell us anything, you don't have to. But if you do, we'll listen to whatever you have to say.

MILTON  
(to BRACKENREID) Uh. Okay. (to MURDOCH) As you said, Detective, the case against the husband was strong, VERY strong. After the Crown concluded presenting its case, I was very, very certain that he was guilty. In fact, I would have felt perfectly at ease putting the noose around the husband's neck myself; that's how strong I felt. But we had been told, as jurors, not to make up our minds until we had heard ALL of the evidence.

MURDOCH  
Yes, that is as it should be.

MILTON  
When the husband's side of the story began to be told, I started to understand— the case against him LOOKED bad. But—

MURDOCH  
But?

MILTON  
Sometimes things aren't really as bad as they look.

(FLASHBACK TO THE COURTROOM. The jurors, including MILTON, sit attentively in the jury box. All are men. There are some spectators. The JUDGE sits on the bench. The lawyers, including CROWN COUNSEL and DEFENSE COUNSEL, are well-dressed. ROBERTSON is on the witness stand. ROBERTSON is well-dressed. Although his testimony is not heard, it is clear from his demeanor that ROBERTSON is emotionally distressed, but he is willingly telling his tale to the jury. Occasional angles show MILTON watching ROBERTSON and reacting to his testimony.)

MILTON (V.O.)  
The husband— Mister Robertson— admitted how bad the case looked. He admitted that he and his wife were estranged, and that she had thrown him out of the house. He admitted that he went to the house that night, with his shotgun. He testified that he only wanted to try to talk to her, and to get some of his property, and to scare her if she refused to give it to him, or if she got violent.

(FLASHBACK ENDS. Return to INTERROGATION ROOM.)

MILTON  
I mean, he ADMITTED things that were actually— bad for him. That meant to me that he was trying to be honest with us.

BRACKENREID  
That's an old trial lawyer's tactic, my friend. Don't try to deny what you are forced to admit! If you deny what you know the Crown can definitely prove, you look like a liar, and the jury will convict you without batting an eyelash. But: Admit what you have to admit, and at least you LOOK like you're being honest— even if you're not.

MILTON  
The husband said he'd been hit in the head. And when he was found, he had a serious head wound.

(MILTON points to his own temple.)

MURDOCH  
Yes, he did. He testified that his wife had thrown a candlestick at him, which struck him in his temple.

(FLASHBACK TO THE COURTROOM. ROBERTSON is on the witness stand, holding a candlestick, which is marked as an exhibit. With his right hand, he illustrates the candlestick being thrown, and himself being hit in the temple. MILTON listens to the testimony from the jury box.)

MILTON (V.O.)  
And that is probably what happened! The injury on his head was just what would happen with a candlestick! And there was testimony that the wife's finger marks were found on the candlestick, meaning she probably did throw it! Even the doctor agreed that's what happened!

(FLASHBACK ENDS. Return to INTERROGATION ROOM.)

OGDEN  
Yes, I recall that. The doctor was Robertson's OWN doctor, and he testified that Robertson was hit by the candlestick, and that this head injury was responsible for Robertson's lapses in memory. I was asked by the Crown whether I could offer a rebuttal opinion, namely, that the candlestick had NOT struck Mister Robertson. I could not offer such an opinion. In fact, I thought Robertson's doctor was probably right, the head injury probably was caused by the candlestick. But I could not testify that the wife threw it, nor could I testify with any certainty as to the effects getting hit with a candlestick might have.

MILTON  
The husband's doctor said that the impact to the head could cause memory loss.

OGDEN  
Unlikely. But— (OGDEN nods) possible.

MILTON  
And the husband testified that he lost consciousness; he did not clearly remember what happened next. He had no memory of firing the shots, or reloading the weapon, or shooting more, or even being arrested or treated at hospital.

CRABTREE  
Sir: I was present when Mister Robertson was arrested.

(FLASHBACK TO THE COURTROOM. CRABTREE is on the witness stand. He gesticulates to describe what had happened, then acts like a drunken man, swaying and seemingly not in full control of himself. MILTON listens to the testimony from the jury box.)

MILTON (V.O.)  
Yes, I remember you from the trial. You said the husband seemed disoriented, possibly intoxicated.

(FLASHBACK ENDS. Return to INTERROGATION ROOM.)

CRABTREE  
That is correct. My testimony was also to the effect that Mister Robertson, as far as I could tell, did not lose consciousness, at least not in my presence.

MILTON  
And when you arrived, the husband was not holding the gun. He was not violent; he didn't point the gun at his wife or you or anyone.

CRABTREE  
That is correct. The shotgun was on the floor. But Mister Robertson's finger marks were found on it.

(FLASHBACK TO THE COURTROOM. Robertson's DOCTOR is on the witness stand. He gestures to illustrate an impact upon his own temple, then appears to give a lecture about the effects of such an impact. MILTON listens to the testimony from the jury box.)

MILTON (V.O.)  
The husband's doctor testified that Robertson suffered a disabling head injury, and that he could not possibly have fired the gun in that condition!

(FLASHBACK ENDS. Return to INTERROGATION ROOM.)

MURDOCH  
That is not correct. The doctor testified that Mister Robertson lacked the coordination to have fired the weapon ACCURATELY. Mister Robertson did not need to be accurate. He stood mere feet away from his wife.

(MILTON shakes his head in disagreement. FLASHBACK TO THE COURTROOM. ROBERTSON is on the witness stand, holding a shotgun. He is illustrating how to get spent shells out of the shotgun, and how to load fresh shells into the shotgun. He uses dummy shells for this demonstration. DEFENSE COUNSEL points to his own temple and asks ROBERTSON a question. ROBERTSON points to his own temple, and then his movements become erratic. He tries to illustrate how difficult it is for a man who is woozy to get spent shells out of the shotgun and to load fresh shells. MILTON listens to the testimony from the jury box.)

MILTON (V.O., in distress)  
He couldn't reload, though! He was too uncoordinated to reload! And whoever shot the lady HAD to reload! She wasn't just shot once or twice!

(There are fleeting glances of the black-and-white photographs of Mrs. Robertson's body. Her face is bloody wreckage. The top of her head is blasted away. Her chest and groin are fields of gore. Part of her left hand has been blown apart. Blood is everywhere. There may also be an autopsy photograph showing her body cut open.)

MILTON (V.O., in rising distress)  
She was shot SO MANY times! She was shot— she was shot—

(FLASHBACK ENDS. Return to INTERROGATION ROOM. MILTON covers his eyes with his hands.)

MILTON  
OH GOD!

(MURDOCH and OGDEN quickly come to aid of MILTON, who is shaking. OGDEN takes the lead and comforts MILTON.)

OGDEN  
It's all right, Albert.

MILTON (with difficulty)  
The photographs! I see them!

OGDEN  
You are with us, now. You are with friends. It's all right.

(After a "give me some time with him" glance from OGDEN, MURDOCH, BRACKENREID and CRABTREE leave the interrogation room. OGDEN continues to talk calmly to MILTON, who is shaking. CUT TO: BRACKENREID'S OFFICE. BRACKENREID, MURDOCH, and CRABTREE enter. BRACKENREID sits. CRABTREE closes the door.)

BRACKENREID  
This interview has been a waste of time! I haven't heard a word to make me think that Robertson REALLY WAS innocent. So Robertson's pal doctor testified at trial that the candlestick knocked him for a loop! Didn't Doctor Ogden think that the injury was self-inflicted, and that Robertson did it to himself after blasting his wife to pieces? He shot his wife, reloaded, shot her again, then (pantomiming) put the candlestick in one of her dead hands, held her hand with the candlestick in it, and bashed his own head with the candlestick, really hard!

MURDOCH  
As I recall, taking into consideration the angle at which the candlestick must have struck Mister Robertson's head, she considered the injury CONSISTENT with it being self-inflicted, but she did not think the evidence was conclusive.

BRACKENREID  
Ah, yes, I remember. The Crown wanted her to testify that the injury MUST have been self-inflicted, that the candlestick could NOT have been thrown, and that Robertson was lying. And Doctor Ogden was not comfortable stating her testimony in such strong terms.

MURDOCH  
That is right, and the Crown elected not to have her testify to self-infliction, because she could not testify with a degree of reasonable certainty. Testimony that Mister Robertson MIGHT be lying would be seen as an admission by the Crown that Mister Robertson MIGHT also be telling the truth! (switching gears) I hope we can continue the interview. Mister Milton still has not told us about Flynn, really. I would still like to hear what he has to say.

BRACKENREID  
What would be the point? What I said before, Murdoch, it still goes. No matter what Milton tells us, we cannot arrest Flynn or Donald or whatever his name is. We cannot arrest anyone else for the crime.

MURDOCH  
Sir, I see it this way. If I made a mistake in my investigation, I want to know it, so that I can learn from my mistake. That doesn't mean we have to arrest anyone or put anyone on trial. Mister Milton apparently thinks I made a mistake. And I want to know if he's right.

(OGDEN comes to the door of Brackenreid's office.)

OGDEN  
Gentlemen: Mister Milton is calmer now and would welcome your presence once again.

MURDOCH (kindly)  
If he wishes, perhaps it would be better for him to go home and relax, and we can continue this at another—

OGDEN (interrupting)  
Mister Milton has asked me to ask you to continue the interview now. He has a few more things he'd like to tell you. He knows you want to know about Flynn.

BRACKENREID (to MURDOCH and CRABTREE)  
You two go ahead. I've got a few other things I need to do.

(CUT TO: INTERROGATION ROOM. MILTON is in the chair, OGDEN sits closer to MILTON, and MURDOCH sits next to OGDEN. CRABTREE sits a little further away. MILTON is no longer shaking, but his lower lip is quivering, and he is unable to look up for long periods of time. MILTON holds a handkerchief.)

MILTON (meekly)  
I'm sorry for being such a coward.

OGDEN  
You're NOT a coward, Albert. Not at all.

MURDOCH  
I want to ask about Flynn.

MILTON  
I knew you would.

MURDOCH (gently)  
Now, as you know, the police had no evidence that anyone else was in the house, other than Mister Robertson and his wife. There were no footprints, no finger marks, no smoked cigarettes, no clothes, no weapons, no finger marks on doorknobs— NOTHING to indicate that anyone else was there that night.

MILTON  
I know. But I remember: you didn't completely rule out the possibility that somebody else was there.

MURDOCH (gently)  
That is true. But, as you may recall, Mister Robertson told us nothing about anyone else being there, until about a month before his trial.

(FLASHBACK TO THE COURTROOM. MURDOCH is on the witness stand, being questioned by CROWN'S COUNSEL. Although MURDOCH's words cannot be heard, his gestures indicate he was told "nothing" and his lips can be seen to say the word "Nothing." MILTON watches from the jury box.)

MILTON (V.O.)  
I remember, that was your testimony.

(FLASHBACK ENDS. Return to INTERROGATION ROOM.)

MURDOCH (gently)  
Shortly before his trial, he claimed that there was a man named Flynn in the house; and that this Flynn must have killed his wife. This was the first we'd heard of it. Mister Robertson claimed that his head injury had prevented him from recalling this important piece of evidence at an earlier time. We thought this explanation was nonsense, and that Flynn simply did not exist. We certainly had no physical evidence that he existed.

MILTON  
At first, I thought Flynn was invented, too. But the evidence made me think twice. It made all of us in the jury room think twice.

MURDOCH  
You returned a verdict of not guilty because you believed that this Flynn really may have been there?

MILTON  
Yes.

MURDOCH  
What was it about the evidence that led you to believe that Flynn might not be an invented person?

(FLASHBACK TO THE COURTROOM. ROBERTSON is on the witness stand, being questioned by DEFENSE COUNSEL. ROBERTSON pantomimes being startled, and turning, and seeing someone in the room. ROBERTSON shrugs, to indicate that he did not know who the person was or how that person got there. Other parts of the story are pantomimed as well. At one point, ROBERTSON points to his own head to show where a birthmark would be. MILTON listens to the testimony from the jury box.)

MILTON (V.O.)  
The husband testified, when he started to wave his gun and yell at his wife, Flynn suddenly appeared. He said that his wife called Flynn by name, so that's how he knew the man's name was Flynn. He noticed that Flynn had a birthmark, like a stain of red wine, on his forehead. And he said that, when he was distracted by Flynn, his wife threw the candlestick, hitting him in the head.

(FLASHBACK ENDS. Return to INTERROGATION ROOM.)

MILTON  
Robertson gave a very detailed description of Flynn in court.

MURDOCH  
Yes, he gave us that same description shortly before his trial. And yes, the man I encountered recently matched the description closely.

(FLASHBACK TO THE COURTROOM. FIRST FRIEND, SECOND FRIEND and THIRD FRIEND testify from the witness stand, all being questioned by DEFENSE COUNSEL. FIRST FRIEND and SECOND FRIEND are female; THIRD FRIEND is a young wimpy-looking male. Their gestures all indicate finality to a relationship. THIRD FRIEND points to his forehead to show the location of a birthmark. MILTON watches from the jury box.)

MILTON (V.O.)  
And the husband's lawyer called three other witnesses, all of whom were friends of his wife. These friends all disliked the husband, and yet they testified on his behalf. And they all said: his wife was having an affair with this man, this man who matched that description exactly. They didn't know the man's name. But they knew this man wanted to end the affair, and Mrs. Robertson did not.

(FLASHBACK ENDS. Return to INTERROGATION ROOM.)

MILTON  
And so it seemed to add up. The husband went to the house to talk to his wife and get his property, not to do any harm. When the husband arrived at the house, Flynn was there. Flynn hid at first, then made his presence known. Flynn saw that the husband was armed, and thought he might kill his wife, AND Flynn. And when the husband got hit by the candlestick, and became disoriented, Flynn decided to shoot the wife— multiple times—

(MILTON begins to shake. OGDEN comforts him. MILTON composes himself, then continues.)

MILTON  
— And then put the shotgun back in the husband's hands so that the husband would be blamed for his wife's death. So. The affair would be ended, and the husband would go to the gallows, and the husband would never be able to find out who Flynn really was.

(MURDOCH scowls, and then glances quickly at CRABTREE, who shakes his head.)

MURDOCH  
And you believed that story?

MILTON  
Yes. Well, some of us on the jury believed the husband's story. Some didn't. To me— begging your pardon— the husband's story seemed more reasonable than what the police were saying.

(MURDOCH's eyebrows raise up.)

MILTON  
I mean, if the husband really did shoot his wife, and he did so many incriminating things beforehand without attempting to hide them, then the evidence against him would be so overwhelming that he couldn't possibly claim innocence! I mean, WHO with any brains would ever commit a murder that way? If the husband really was guilty, he would have to be a colossal fool. And we all agreed: he wasn't a colossal fool. So there might be something to his defence.

MURDOCH (trying to understand, not sarcastic)  
Are you saying that he was so obviously guilty, that he couldn't possibly BE guilty?

MILTON  
No. I'm saying that we all agreed, having heard all of the evidence, that the husband's story was— plausible. And we had been told that the defendant gets the benefit of all reasonable doubts. We all had reasonable doubts. So we all voted not guilty.

(MILTON begins to shake again, mildly. OGDEN pats MILTON's hand.)

MILTON  
And to this day, I've wondered whether I did the right thing. I think I did. But it means that a guilty man is out there and needs to be brought to justice.

(MILTON shakes, OGDEN comforts MILTON. MURDOCH scowls. FADE OUT.)


	4. ACT 4

ACT IV

(FADE IN. EXTERIOR APARTMENT BUILDING on a city street. CUT TO: INTERIOR APARTMENT BUILDING, hallway, Flynn's door. MURDOCH knocks loudly on the door. There is no answer.)

MURDOCH (shouting)  
Mister Donald! Detective William Murdoch of the Toronto Constabulary! I want to have a word with you! You are not in any trouble! I am not here to arrest you!

(There is no response from the door, and MURDOCH knocks again, loudly; but one of the apartment doors opposite opens up, and OSVALD pokes out his head. OSVALD is a shabbily dressed older man. MURDOCH turns toward OSVALD when the door opens.)

OSVALD  
You a copper?

MURDOCH (showing his badge)  
I am, yes.

OSVALD  
You want to talk to Flynn?

MURDOCH  
Yes.

OSVALD  
He's not here. He's probably at work.

MURDOCH  
Where is that?

OSVALD  
He works at a sporting goods store near Spadina, I think. And now that you know that he's not here, you can knock off the shouting and the door-knocking, eh?

MURDOCH (smiling courteously)  
My apologies, sir.

(CUT TO: A CITY STREET, EXTERIOR OF HENRY'S SPORTING GOODS. The store has a window, with "Henry's Sporting Goods" painted thereon. MURDOCH surveys the store, and peeps through the window, then enters the store. CUT TO: INTERIOR OF HENRY'S SPORTING GOODS. There are sporting goods for sale all about. MURDOCH sees no one except for HENRY, behind the counter. HENRY is a well-built man in his mid- to late-forties, and he has an English accent, where he tends to drop his H's. HENRY notices MURDOCH, smiles and becomes gregarious.)

HENRY (with enthusiasm)  
Good mornin', sir! You know, I usually can guess a man's sport just by lookin' at 'im. I take you for a footballer; am I right?

MURDOCH (smiling)  
Actually, I'm not here as a customer.

(MURDOCH shows his badge. HENRY recognizes at once what it means.)

HENRY (drops his gregariousness for a professional attitude)  
Detective. Well, Detective, 'ow may I be of assistance?

MURDOCH  
I'm wondering whether you have an employee named Donald?

HENRY  
You mean Flynn? Is 'e in trouble?

MURDOCH  
No. I just need to ask him—

(HENRY turns to the back of the store and shouts.)

HENRY (shouting)  
'Ey, Flynn! There's a bloke 'oo wants to 'ave a word with you!

(FLYNN's head pops up from behind a display case, and FLYNN sees MURDOCH. FLYNN makes a break for the front door, but MURDOCH reacts quickly and tackles FLYNN. HENRY goes over and helps hold FLYNN, and pats MURDOCH on the back.)

HENRY (with a touch of good humour)  
(to MURDOCH) 'Ere, now! Sir, when I asked whether you were a footballer, you could've SAID "yes" or "no." You didn't 'ave to SHOW me! (to FLYNN) Flynn, the Detective 'ere 'as some questions for you.

(HENRY helps MURDOCH get up, and then hoists FLYNN up. MURDOCH brushes off his clothes. FLYNN is not eager to answer questions; but HENRY stands next to FLYNN with a firm and somewhat intimidating pose, and FLYNN cooperates.)

MURDOCH  
Mister Flynn— I am sorry, Mister DONALD— do you know a woman named Robertson?

FLYNN  
I had nothing to do with that! But I read the newspapers! They tried to blame me!

HENRY  
Nothin' to do with what, lad? Blame you for what?

FLYNN  
Murder.

(HENRY seizes FLYNN's arm. FLYNN winces.)

HENRY  
What murder, lad?

MURDOCH  
(to Henry) Sir: perhaps I ought to ask the questions. (to FLYNN) Did you know Mrs. Robertson?

FLYNN (uncomfortable in HENRY's grip)  
Yes. She and I were—

MURDOCH  
Intimate?

FLYNN  
Yes. Her estranged husband found out about the two of us, so he killed her and then tried to say that I did it.

(HENRY relaxes his grip on FLYNN.)

HENRY  
That was that trial that they reported in the newspapers, what, a month or two ago?

(FLYNN nods, rubbing his arm.)

MURDOCH  
Mister Donald, Mrs. Robertson was killed on the evening of the seventeenth day of February. By any chance, can you tell me, sir, where you were on that date?

FLYNN (rolls his eyes)  
I'm not sure, but—

HENRY  
'E was with me. 'E was with me and me mates.

MURDOCH  
Sir?

HENRY  
Seventeen February is me partner's birthday. We 'ad a party after work. Ev'rybody from the store was at the party, Flynn included.

MURDOCH (surprised, to FLYNN)  
Is that correct?

FLYNN  
I remember the party, yeah. I don't remember the exact day. I remember it was a pretty nice day— for February.

HENRY  
If you'd like to come with me, Detective, I can show you that 'e was there. (to FLYNN) You go back to work, lad. I'll 'andle this.

(HENRY goes back to his counter, MURDOCH following. HENRY looks under his counter for a ledger, and produces it.)

HENRY  
'Ere. (turning some pages) February, February. Ah. It was a business-related birthday party, you understand; I had to keep records. 'Ere!

(HENRY turns the ledger toward MURDOCH and points to the items in question, with supporting receipts.)

HENRY  
'Ere's the restaurant where we 'eld the party, 'ere's the day it was 'eld, and 'ere's the list of 'oo was there, and their guests, if any.

MURDOCH (looking at the documents)  
Seventeen February. Flynn Donald was there.

HENRY  
The names of me other mates are listed, too. Talk to 'em if you want to. I think they'd all tell you that Flynn was 'aving fun with us, and 'e wasn't committing any murder that night.

(MURDOCH nods, apparently accepting that FLYNN's alibi is solid.)

HENRY  
And Detective, for what it's worth, Flynn ain't the type to commit murder.

MURDOCH  
Oh?

HENRY (serious)  
I've seen lotsa murderers in me time, and Flynn ain't the type. I'm glad we could establish 'is alibi so quickly. But if you want to examine this ledger more thoroughly, let me know and I'll arrange for you to get it without any need for a subpoena.

(MURDOCH was puzzled by HENRY saying that he had seen lots of murderers, but MURDOCH really didn't expect to hear that last word from the owner of a sporting good shop.)

MURDOCH  
Subpoena? Mister—?

HENRY  
'Enry. Linwood 'Enry.

MURDOCH (recognizes the name)  
Linwood Henry!? DETECTIVE Linwood Henry? From Ottawa?

HENRY  
Tha's right, sir. FORMER detective, actually. Retired.

MURDOCH (extending his hand with enthusiasm)  
William Murdoch! (they shake hands) Forgive me, I had no idea who you were, or that you were in Toronto! I thought the "Henry" in the name of your store was—

HENRY  
I see you've 'eard of me.

MURDOCH  
That I have! Your work in some very heinous criminal cases in the capital, is, well, almost legendary! Many of the techniques you helped develop, well, I use them myself! It is an honour to meet you!

HENRY  
So when I say I've seen lotsa murderers in me time, and Flynn ain't the type— you know I know what I'm talkin' about.

MURDOCH  
Yes. And you retired— quite young! — to come to Toronto— and open up a sporting goods store?

HENRY (carefully)  
You've probably 'eard why I retired. Don't believe all them stories.

(MURDOCH takes quite a while before responding.)

MURDOCH (dead serious)  
I have heard those stories. And no, I don't believe them.

(CUT TO: EXTERIOR SHOT OF STATION HOUSE NUMBER 4. CUT TO: INTERIOR OF STATION HOUSE NUMBER 4, MURDOCH'S OFFICE. The door to the office is open. MURDOCH has apparently recently arrived; he is taking off his hat. CRABTREE approaches the office and knocks. MURDOCH turns, and beckons CRABTREE to enter, which CRABTREE does. CRABTREE holds two file folders: an old, dusty file folder and a newer file folder.)

CRABTREE  
Welcome back, sir.

MURDOCH (getting straightened away)  
Thank you, George.

CRABTREE (handing the old file, retaining the new one)  
Sir, I thought you might want to have a look at this.

MURDOCH (taking the old file, looking it over)  
That's an old file, George.

CRABTREE  
Yes, sir. Fourteen years old. An investigation into possible criminal activity by Mister Albert Milton.

MURDOCH (shocked)  
Mister Milton!?

CRABTREE  
He's a widower, sir. Fourteen years ago, his wife died after she fell down some stairs. It was officially determined to be an accident, Mister Milton was never arrested, and no charges were laid. This file has the notes of the officer in charge of the investigation.

MURDOCH (reading the notes in the file)  
Giles?! Former CHIEF CONSTABLE Giles?

CRABTREE  
He wasn't Chief Constable then, but, yes, sir. As his notes say, he investigated whether Mrs. Milton fell, or was pushed.

MURDOCH  
Knowing Constable Giles, he may have tried to badger Mister Milton into confessing to pushing his wife down the stairs.

CRABTREE  
And Mister Milton did not confess. He maintained it was an accident, and the coroner supported him. The case was closed. Despite the outcome, the investigation almost certainly was an ordeal for Mister Milton, sir.

MURDOCH (closing the old folder)  
So, Mister Milton feels falsely accused of murdering his wife. And fourteen years later, he sits on a jury in which the defendant's defence is that he has been falsely accused of murdering his wife.

CRABTREE  
It may explain why he was sympathetic to Mister Robertson's story, sir.

MURDOCH (shaking his head)  
Mister Milton should never have been permitted to sit on the Robertson jury in the first place.

CRABTREE  
Perhaps, but he did. Sir, I also was reviewing some of my notes and the evidence I collected in the Robertson case. I found this. I'd forgotten all about it. And I think we may have overlooked something.

(CRABTREE hands the new folder to MURDOCH, who opens the folder. Inside is a single, small sheet of paper with writing on it.)

MURDOCH (reading)  
"Eggs, flour, sugar, maple syrup"— George, this is a grocery list.

CRABTREE  
That it is, sir. It was found on a table near Mrs. Robertson's body. It is in Mrs. Robertson's handwriting.

(CRABTREE leans in and points to the list.)

CRABTREE  
And if you'll notice here, sir, the smudging—?

(It takes MURDOCH a moment to put the pieces together.)

MURDOCH (smiling)  
Interesting. (nodding) Very perceptive, George! Too bad we didn't notice this sooner! (soberly) Not "we"; I. I should have noticed this sooner.

(MURDOCH leans back in his chair and sighs.)

MURDOCH  
It would appear, George, that I was not as thorough in my investigation of the Robertson case as I should have been.

(FADE OUT.)


	5. ACT 5

ACT V

(FADE IN. EXTERIOR SHOT OF STATION HOUSE NUMBER 4. CUT TO: INTERIOR OF STATION HOUSE NUMBER 4, INTERROGATION ROOM. MILTON sits in the hot seat, with ODGEN next to MILTON, to provide support. MURDOCH faces MILTON, and CRABTREE sits nearby. The old and new file folders sit on the desk in front of MURDOCH. There are shadows near the door suggesting that someone is listening from outside the room, but it is not known who else is listening.)

MURDOCH  
Mister Milton, I have completed my review of the Robertson case. I can tell you that no one else will be arrested or charged in connection with Mrs. Robertson's death.

MILTON (disappointed)  
Why?

MURDOCH  
Sir: what I have to say may be upsetting to you.

MILTON (with a stiff upper lip)  
I have to know! I have to know what you found.

MURDOCH  
It may interest you to know, sir, that what you have told us was useful. You have helped me identify some shortcomings in my own investigation. And for that, sir, I am indebted to you. (almost confessing) I had believed that the case against Mister Robertson was clear. And because I thought the evidence against him was overwhelming, my investigation was— not as thorough as it ought to have been.

MILTON  
I don't understand.

MURDOCH  
For example: You found Flynn. You really did. I couldn't find him; possibly because you thought it likely that he existed, while I thought it likely he was invented. As a result, you succeeded where I had failed.

MILTON (grinning)  
I knew it! I told you Flynn Donald was this was the Flynn they all talked about.

MURDOCH  
Yes, he was. And Flynn had nothing to do with this crime.

(MILTON's grin melts at once, to be replaced with a blank stare.)

MILTON  
He didn't?

MURDOCH  
He has an alibi for the night of the shooting. Quite a good alibi, in fact. He was several miles away when the shooting took place.

MILTON  
But—

MURDOCH  
You once said that things are sometimes not as bad as they seem.

MILTON  
Yes.

MURDOCH  
And that is true. But it is also true that: sometimes, things are EXACTLY as bad as they seem. Mister Robertson was furious with his wife; he went to the house, armed with a shotgun; his wife was then shot to death with that shotgun.

MILTON  
I—

MURDOCH  
We arrested the RIGHT man, sir. Mister Robertson killed his wife, and he tried to blame the crime on Flynn, with whom his wife was having an affair. Mister Robertson knew about Flynn. So did several of Mrs. Robertson's friends. But Flynn was NOT in the house that night.

MILTON (blankly)  
No!

MURDOCH  
Mister Robertson went to the house, armed, almost certainly with the intent of killing his wife. He planned to concoct a story about wanting to talk to her and retrieve some of his property. He planned to lay the blame on Flynn; and possibly to claim self-defence or incapacitation due to a head wound, which he planned to give to himself. He shot his wife, repeatedly—

(MILTON begins to shake, as he remembers. OGDEN holds MILTON's hand.)

MURDOCH (pressing on)  
— And then Mister Robertson put the candlestick into his wife's right hand, then swung the candlestick into his own head to give himself a substantial head wound. Neighbours heard the shooting, and constables arrived at the house within minutes. And this is what we found: Mrs. Robertson, shot repeatedly; a candlestick with Mrs. Robertson's finger marks on it; and a shotgun with Mister Robertson's finger marks on that. There was no evidence of anyone else being present.

MILTON (not sure he believes it)  
You say he hit his own head with the candlestick?

MURDOCH  
Yes. As you recall, sir, at the time of trial, we were not able to testify to any degree of certainty that Mister Robertson's wound was self-inflicted. Your prompting, however, led us to discover another shortcoming in our investigation. (correcting himself) Another shortcoming in MY investigation. Constable Crabtree, a few hours ago, found some evidence that supported the conclusion that Mister Robertson's injury was self-inflicted. Constable Crabtree noticed something I had overlooked.

(MURDOCH opens the new file and pushes the shopping list to MILTON. MILTON doesn't know what to make of it.)

MURDOCH  
This is a shopping list made by Mrs. Robertson shortly before her death.

(MILTON looks at the shopping list, wondering what is important about it. A close-up of the list shows handwriting, with the ink on several letters smeared to the right.)

MURDOCH  
You'll notice that some of the writing is smudged.

MILTON  
Yeah—?

MURDOCH  
Smudging like that is indicative of the writer being left-handed. (demonstrating) As a left-handed person writes, her hand can glide over what she's just written, and if the ink is not quite dry, it can cause this kind of smudging.

(MILTON puzzles for a moment, then light dawns and he gets it.)

MILTON  
The husband lied! Not only was Flynn NOT there, his wife DIDN'T throw the candlestick at him!

(MILTON puts it all together, somewhat excitedly. Some of the crime scene photographs flash by. One photograph that lingers is the photograph of the deceased's left hand, severely damaged by a shotgun blast. ROBERTSON is seen in flashback at the trial, demonstrating throwing with his right hand, quite naturally.)

MILTON  
I remember! The finger marks on the candlestick were from the wife's RIGHT hand. But if she was LEFT-handed, she couldn't have thrown accurately enough to hit her husband in the head! Most people can't throw with their "wrong" hand! And when the husband planted her finger marks on the candlestick he HAD to use her RIGHT hand, because her left hand had been shot, destroyed by the shotgun! That bastard Robertson LIED!

(MILTON's shaking gets worse.)

MILTON  
He lied!

(OGDEN comforts MILTON.)

MILTON (in distress)  
And I let him go! I let him go!

MURDOCH  
It wasn't just you. It was you and eleven other solid, sober, conscientious, reasonable men. Perhaps some of you were men who were suspicious of the police. Perhaps some of you felt that, though the evidence against Robertson was strong, it wasn't strong enough to send him to the gallows. Mister Milton—

(MURDOCH waits until MILTON is looking directly at him.)

MURDOCH (deliberately)  
— Mister Milton, you did your duty.

(MILTON is shaking, but is regaining control. OGDEN holds MILTON's arm.)

OGDEN  
Did you hear that, Albert? The policeman IN CHARGE of the investigation COMMENDED you for doing your duty!

(MILTON seems to regain a bit of control.)

MILTON  
But that means that the guilty man has gone free. He'll never be brought to justice. I don't know how I'll ever be able—

MURDOCH  
Mister Milton, there's someone I want you to meet.

(MURDOCH gestures to the door of the interrogation room, the shadows near the door move, and the door opens. In walk BRACKENREID, accompanied by HENRY. BRACKENREID seems to be pleased to be in HENRY's presence. HENRY approaches MILTON.)

MURDOCH  
Mister Albert Milton, this is Mister Linwood Henry.

(HENRY extends his hand. MILTON rises and they shake hands, then MILTON sits down again.)

MURDOCH  
Mister Henry is former Detective Henry, from Ottawa.

HENRY  
Retired.

MURDOCH (to HENRY)  
I thought you might like to explain to Mister Milton why you retired.

HENRY  
I was a Detective with the Ottawa Constabulary for nearly eight years. Saw a lot of 'orrible, 'orrible cases. Murder cases, mostly; cases involving women, children. Gruesome, nightmarish cases, like the one you 'ad to see from that jury box, lad.

(MILTON starts shaking again. OGDEN helps MILTON.)

HENRY  
I want you to know, lad: I know 'ow it is. I know what you're goin' through. 'Cause I went through it meself.

(MILTON starts to calm himself.)

HENRY  
I 'ad the bad dreams. I got the shakes. I lost me ability to concentrate. I lost the ability to do me job. Mate: I DO know 'ow it is.

(MILTON allows himself a small smile: someone actually understands.)

HENRY  
Came a time I'd 'ad me belly full. I'd 'ad enough. I couldn't even do me job; I turned in me badge. The boys in the Constabulary said I was yellow; even said it to me face. (with grit) But I wasn't yellow. Me body was just sendin' me word that I just seen more cruelty between 'uman bein's than any man ever oughta see in 'is lifetime. So. I moved to Toronto, and I run a sporting goods store now. And you know what? I can live with meself now. I've learned 'ow. And if you wanna talk, I can 'elp you. If you want.

MILTON (standing)  
I run a bookshop.

HENRY  
That right?

MILTON  
You sell sporting goods?

HENRY (suddenly gregarious)  
Yeah, sporting goods, all kinds. (with enthusiasm) An' you know, I usually can guess a man's sport just by lookin' at 'im! I take you for a tennis player! Am I right?

(Everyone smiles. FADE OUT.)

THE END

(AUTHOR'S NOTE: Post-traumatic stress disorder, or PTSD, has been around for a long time. It has been known by a variety of names. In this teleplay, Milton has PTSD, though it is not called by that name or any other. In this story, it was not my goal to treat PTSD as a triviality or as a mere plot device. My own personal experience with PTSD is minimal, but my goal was portray the condition humanely and with reasonable accuracy. Any comments upon PTSD, whether good or bad or indifferent, would be appreciated. -DH)

(FURTHER AUTHOR'S NOTE: This story was written prior to, and is in no way based upon, events reported by the CBC on 20 May, 2016. The CBC story includes the following: "A first-degree murder trial centred on allegations of a deadly love triangle begins today in Ottawa after unusual delays because some jurors, chosen from a pool of 500, stepped down for fear they'd be traumatized by the evidence." The husband is on trial; the wife had been bludgeoned and stabbed to death; and three prospective jurors "told the judge they were afraid of being traumatized by the expected graphic evidence." The trial Justice agreed to excuse all three. -DH)

(FURTHER AUTHOR'S NOTE: This story was written prior to, and is in no way based upon, events as have been reported by the CBC, such as reports on 20 February 2018 and 12 October 2016. The CBC reported that a Toronto man was diagnosed with post-traumatic stress disorder after he served on a jury in a murder trial. The evidence in the case was gruesome, and carrying out his duty as a juror caused him to suffer, among other things, stress, fatigue, insomnia, loss of appetite, significant weight loss, income loss... and an inability to rid his mind of the images he saw. As the CBC has reported in the fall of 2016, PTSD in jurors is now a recognized problem, and in 2017 a counseling program was implemented in Ontario to support jurors who have been compelled to view exceptionally disturbing evidence. As quoted by the CBC, Ontario Attorney General Yasir Naqvi has said: "In many cases, jurors witness 'horrific and gruesome evidence' as part of their job, and sometimes only experience trauma weeks or months afterwards. We have of course a far better understanding today of the impact and the trauma that people could have by witnessing gruesome acts." -DH)


End file.
